Lynn Peak Productions, Inc. v. Does 1, et al

Filing 16

MINUTE ORDER denying without prejudice 14 Motion to Quash or Modify Subpoena If Doe #18/20 wishes to re-file his motion in accordance with this order and all applicable local and federal court rules, he may do so on or before December 6, 2013 by Magistrate Judge Michael E. Hegarty on 11/22/13.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02921-WYD-MEH
LYNN PEAK PRODUCTIONS,
Plaintiff,
v.
DOES 1-26,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on November 22, 2013.
Before the Court is a Motion to Quash or Modify Subpoena [filed November 20, 2013;
docket #14] filed by Doe Defendant who has identified himself as “75.163.198.142/174.24.1.126.”
The Court presumes the identification numbers are IP addresses, which correspond with Defendant
Does #18 and 20. See Docket #1-1. The Court will refer to the Defendant in this minute order as
Doe #18/20. The Motion is denied without prejudice as follows.
Doe #18/20 has failed to comply with Fed. R. Civ. P. 11(a), which states in pertinent part,
Every pleading, written motion, and other paper must be signed by at least one
attorney of record in the attorney’s name – or by a party personally if the party is
unrepresented. The paper must state the signer’s address, email address, and
telephone number.
To the extent Doe #18/20 seeks to proceed in this litigation anonymously, he has failed to properly
seek permission from the Court to do so. See K-Beech, Inc. v. Does 1-29, 826 F. Supp. 2d 903, 905
(W.D.N.C. 2011) (noting that a party who wishes to proceed anonymously may overcome the
presumption against anonymous proceedings by filing a well-reasoned motion to proceed
anonymously); see also West Coast Prods., Inc. v. Does 1-5829, 275 F.R.D. 9, 12 (D.D.C. 2011)
(“federal courts generally allow parties to proceed anonymously only under certain special
circumstances when anonymity is necessary to protect a person from harassment, injury, ridicule or
personal embarrassment”). If Doe #18/20 wishes to re-file his motion in accordance with this order
and all applicable local and federal court rules, he may do so on or before December 6, 2013 and
must first (or contemporaneously) file a motion to proceed anonymously in accordance with Rule

11(a).1 With such filing, Doe #18/20 must provide to the Court his name, address, telephone number
and email address in the form of a separate written “supplement” to the motion. If Doe #18/20
wishes to keep this supplement (containing his identifying information) confidential, he may file a
motion to file the supplement under restriction pursuant to the procedure set forth in D.C. Colo.
LCivR 7.2. The Court may strike any motion or other filing that deviates from the requirements of
this order or from those set forth in the applicable local or federal rules.

1

In addition to compliance with Rule 11, the Court also notes the necessity of having
such information for the proper and efficient management of its docket.
2